OSHA takes unprecedented action with 25 proposed rules rolling back existing obligations
In a sweeping deregulatory initiative that affects many industries, OSHA published 25 proposed rules in the Federal Register on July 1. While some of the proposals aim to rescind or revise standards considered outdated or duplicative, others reflect a deregulatory shift to scale back or withdraw certain long-standing obligations for businesses. The public comment period for most of the proposed rules will remain open through September 2 and OSHA encourages employers, trade associations, and other stakeholders to submit feedback.
Here’s a look at the proposals:
1.General Duty Clause
The General Duties Clause is used to cite employers where no current standard exists, often used for heat-related, ergonomic, and workplace violence citations. One of the most notable proposals, this change would limit OSHA’s ability to cite employers under this clause for known hazards “inherent and inseparable from the core nature of a profession activity or performance.” The shift stems from a 2014 court case, SeaWorld of Florida, LLC v. Perez, which upheld a citation requiring SeaWorld to abate the hazard of trainers exposed to close contact with orca whales during performances. Current Supreme Court Justice Brett Kavanaugh was the dissenting judge, and OSHA now says it agrees with his view.
Professions that would be excluded from General Duty Clause enforcement under the narrowed interpretation include:
- Animal handling and performance
- Hazard-based media and journalism activities
- Live entertainment and performing arts
- Motorsports and high-risk recreation
- Professional and extreme sports
Tactical, defense, and combat simulation training
2.Recording musculoskeletal disorders
This withdrawal of a previously proposed rule that would have added a column to the OSHA 300 Log for recording musculoskeletal disorders took effect July 1. However, withdrawal does not change any aspect of an employer’s reporting obligations – the obligations to complete, retain, or use the same criteria and definitions for occupational injury and illness records remains.
3.Construction illumination
Rescinds Construction Illumination Standards 29 CFR 1926.26 and 1926.56, which require minimum lighting levels in construction areas such as corridors, ramps, shops, and tunnels.
4.House falls in marine terminals
Eliminates the House Falls standard (29 CFR 1917.41) from the Marine Terminals regulations, which require safeguards such as secure span beams, safe access for workers, and daily inspections of lifting gear.
5.Open fires in marine terminals
Removes the existing regulation at 29 CFR 1917.21, which currently prohibits open fires and fires in drums or similar containers in marine terminals.
6.Occupational Exposure to COVID–19 in Healthcare Settings
Removes the COVID-19 Emergency Temporary Standard and its associated recordkeeping and reporting provisions.
7.Rescission of coordinated enforcement regulations
This would rescind longstanding regulations that govern coordinated enforcement efforts among OSHA, the Wage and Hour Division (WHD), and the Employment and Training Administration (ETA) concerning migrant farm workers.
8.Safety color code for marking physical hazards
This proposed rule removes OSHA’s Safety Color Code for Marking Physical Hazards Standard, 29 CFR1910.144; paragraph (c)(8) of OSHA’s Textiles Standard, 29 CFR 1910.262;paragraph (c)(11) of OSHA’s Sawmills Standard, 29 CFR 1910.265; and OSHA’s Safety Color Code for Marking Physical Hazards for Shipyard Employment Standard, 29 CFR 1915.90.The codes have historically helped ensure consistent visual warnings across industrial settings, but OSHA notes the hazards are addressed in the Specifications for Accident Prevention Signs and Tags Standard.
9.Amends the medical evaluation requirements in the respiratory protection standard for certain types of respirators
Exempts employers who are required to have workers use either filtering facepiece respirators (FFRs) or loose-fitting powered air-purifying respirators (PAPRs) from the respiratory standard’s medical evaluation requirements.
10 -25. Eliminates or revises several respiratory protection standards
The proposals address duplicative regulations or aim to better align with the general Respiratory Protection standard (29 CFR 1910.134). Generally, they remove prescriptive requirements, offer employers more flexibility, permit the use of different respirator types, and remove or limit specific training obligations, but increase the responsibility to ensure that appropriate respiratory protection is utilized. The specific hazards addressed are: 1,2-dibromo-3-chloropropane, 1,3-Butadiene, Carcinogens (4-Nitrobiphenyl, etc.), Acrylonitrile, Asbestos, Benzene, Cadmium, Coke Oven emissions, Cotton Dust, Ethylene Oxide, Formaldehyde, Inorganic Arsenic, Lead, Methylene Chloride, Methylenedianiline, and Vinyl Chloride.
It is important to note that OSHA also published one final rule on July 1, 2025. This final rule removed the requirement for the agency’s administrator to consult with the Advisory Committee on Construction Safety and Health before issuing or modifying construction standards.
If finalized, the rules could alter the compliance landscape and trigger more regulations in states with robust occupational safety enforcement. Employers are encouraged to engage in the public comment process and stay abreast of new developments.